Abstract

The EC Habitats Directive concentrates on avoidance of damage to sites classified as Special Areas of Conservation (SAC) and Special Protection Areas (SPA), and establishes mechanisms to make sure that residual impacts, after mitigation, are properly taken into account in the decision-making process. There have been a series of key port development cases in which the provisions of the EC Habitats Directive (92/43/EEC) and EC Birds Directive (79/409/EEC) have been tested. A great deal was learnt about the EC Habitats Directive in 1998 when consent was granted for the Harwich Haven Capital Dredge. Subsequent cases have highlighted practical ways in which port development can be delivered in a manner that conforms to the best principles of sustainable development. This paper explores the key learning points that have been gained in the period 1998–2005.

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